ALJDEC

99F-3522-ROC · Registrar of Contractors · 2000-07-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 13, 2000 APPEARANCES: Joseph Rotella on his own behalf; Jerome Karaszewski on behalf of Respondent ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ 1. During a recess of the hearing, the parties entered into a settlement outside of the Administrative Law Judge’s presence. When the hearing convened, the parties presented to this tribunal a settlement agreement between the parties regarding the issues contained in the filed complaint. 2. The terms of the settlement agreement with respect to Respondent are that it will perform the work stated below with respect to items set forth in the Corrective Work Order issued in this matter on October 18, 1999, a copy of which is attached to this document and incorporated by this reference: a) Item 1-repair and/or replace the powder room sink; b) Item 2- replace rear exterior doors and adjust interior doors; c) Item 4-stop front door leak and prepare slope by front deck to address that deficiency; d) Item 7-replace broken windowpane in breakfast area; e) all of the above- mentioned remedial work will be completed by September 13, 2000.

3. The settlement agreement also provides that the Complainant dismisses his complaint against Respondent concerning the items and issues raised in his filings with the Registrar of Contractors regarding this matter. 4. During the hearing, the parties agreed that all rights and defenses were to be merged into the settlement agreement and if any petitions for rehearing of this matter were to be filed and granted, or if any new complaints were filed, the sole issue to be determined would be whether the parties performed their respective obligations under the terms of the above-mentioned settlement agreement. 5. The terms of the forgoing settlement appeared to be reasonable under all the circumstances and the agreement was determined to be the product of knowing and voluntary action on the part of each party. CONCLUSIONS OF LAW 1. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. 2. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing. RECOMMENDED ORDER In view of the foregoing, it is recommended that the above-mentioned settlement agreement be approved and that the citation issued in this matter, together with the complaint upon which it is based, be dismissed. Done this day, July 14, 2000

______________________________________ Lewis D. Kowal Administrative Law Judge Original transmitted by mail this ____ day of ____________, 2000, to:

Registrar of Contractors Michael P. Goldwater 800 West Washington, 6th Floor Phoenix, AZ 85007

Attn: Joyce Armijo

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826